Resolution 2008-329
RESOLUTION 2008- 329
A Resolution of the Collier County Board
of County Board of County Commissioners
designating 5,259.0 acres in the Rural
Land Stewardship Area Zoning Overlay
District as a Stewardship Sending Area
with a designation as "CLH and CDC SSA
15"; pursuant to the terms set forth in the
Escrow Agreement for CLH and CDC SSA
15, Stewardship Sending Area Credit
Agreement for CLH and CDC SSA 15, and
Stewardship Easement Agreement for CLH
and CDC SSA 15; approving a Stewardship
Sending Area Credit Agreement for CLH
and CDC SSA 15; approving a Stewardship
Easement Agreement for CLH and CDC
SSA 15; approving an Escrow Agreement
for CLH and CDC SSA 15; and
establishing the number of Stewardship
Credits generated by the designation of
said Stewardship Sending Area
WHEREAS, Collier Land Holdings, Ltd., a Florida limited partnership
("CLH") and CDC Land Investments, LLC, a Florida limited liability company
("CDC"), owns approximately five thousand two thousand fifty nine and zero
tenths (5,259.0) acres located within the boundaries of the Rural Lands
Stewardship Area Zoning Overlay District ("RLSA District") located in Collier
County, Florida; and
WHEREAS, Owners have voluntarily requested that said land be
designated as a Stewardship Sending Area ("SSA") in accordance with, and
pursuant to Section 4.08.06 of the Collier County Land Development Code
("LDC") and subject to the terms of the Escrow Agreement for CLH and CDC
SSA 15 Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15
and Stewardship Easement Agreement for CLH and CDC SSA 15; and
WHEREAS, Owner has submitted a SSA Designation Application
("Application") for the CLH and CDC SSA 15 land; and
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WHEREAS, Collier County Staff has reviewed the Application, along with
support documentation and information required by Section 4.08.06 of the LDC,
and determined that the Application is legally sufficient; and
WHEREAS, the Collier County Board of County Commissioners ("Board")
has determined the Escrow Agreement for CLH and CDC SSA 15, the
Stewardship Sending Area Credit Agreement for CLH and CDC SSA 15, and the
Stewardship Easement Agreement for CLH and CDC SSA 15 are in compliance
with, and meet the requirements of the LDC and provide a substantial benefit to
the general public.
NOW, THEREFORE, be it resolved by the Board that:
1. CLH and CDC SSA 15, as described in attached Exhibit 1,
consisting of five thousand two hundred and fifty nine
(5,259.0) acres is hereby designated as a Stewardship
Sending Area ("SSA"), and will be officially designated as "CLH
and CDC SSA 15" on the Official Zoning Atlas Map pursuant to
the Escrow Agreement for CLH and CDC SSA 15, Stewardship
Sending Area Credit Agreement for CLH and CDC SSA 15, and
Stewardship Easement Agreement for CLH and CDC SSA 15.
2. The Stewardship Sending Area Credit Agreement for CLH and
CDC SSA 15, attached hereto as Exhibit 2, meets the
requirements of Section 4.08.06 of the LDC and the Board
hereby approves the 15 Stewardship Sending Area Credit
Agreementfor CLH and CDC SSA 15.
3. The Stewardship Easement Agreement for CLH and CDC SSA
15, attached hereto as Exhibit 3, meets the requirements of
Section 4.08.06 of the LDC and the Board hereby
approves the Stewardship Easement Agreement for CLH and
CDC SSA 15.
4. The Escrow Agreement for CLH and CDC SSA 15, attached
hereto as Exhibit 4, is hereby approved by the Board which
provides for the delay of the recordation of the Stewardship
Sending Credit Agreement for CLH and CDC SSA 15 and the
Stewardship Easement Agreement until such time as the
proposed Town of Big Cypress SRA has received the necessary
final and non-appealable local, state, and federal permits other
than a plat, site development plan or building permit, necessary
to construct the Town of Big Cypress consistent with the
provisions of Section 4.08.07 of the Collier County Land
Development Code.
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5.
The Board hereby establishes, grants and assigns seven
thousand two hundred and sixty one and eight tenths
(7,261.8) Stewardship Credits to the Owner, which may be sold,
transferred, or otherwise utilized by the Owner in accordance
with Section 4.08.04 of the LDC and the terms of the Escrow
Agreement for CLH and CDC SSA 15; Stewardship Sending
Area Credit Agreement for CLH and CDC SSA 15 and
Stewardship Easement Agreement for CLH and CDC SSA 15.
6.
The Board further approves and authorizes the acceptance of
the Stewardship Easement Agreement for the CLH and CDC
SSA 15 lands.
7.
By its designation of the lands described in Exhibit 1
as a Stewardship Sending Area, the County shall not hereafter
grant or approve any increase in the density or additional
uses beyond those uses specifically authorized in the CLH and
CDC SSA 15 Stewardship Sending Area Credit Agreement.
THIS RESOLUTION ADOPTED this 18th day of November, 2008, after a
Motion, seconded, and majority vote favoring same.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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ing Chairman
Approved as to form and
::.:a.ffiCienCy:
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By: Heidi Ashton, Assistant County Attorney
Land Use Section Chief
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